Can anyone explain the process of trademarking?

Shopify Discussion

Topic summary

The discussion centers on how to trademark a brand or business name, with participants emphasizing the importance of consulting a qualified lawyer for region-specific legal advice.

Key recommendations:

  • Seek local legal counsel for guidance tailored to your business and jurisdiction
  • Registration isn’t required to launch, but filing early prevents future conflicts with name disputes

U.S. trademark process overview:

  1. Conduct clearance search (USPTO database, Google, marketplaces)
  2. Choose filing type: word mark vs. logo, select appropriate class(es)
  3. Select basis: “Use-in-Commerce” (already using) or “Intent-to-Use” (reserving name)
  4. File through USPTO Trademark Center with per-class fees
  5. Navigate examination, publication, and registration phases (may require responding to Office Actions)
  6. Maintain registration with proof of use at 5-6 years, then every 10 years

Resources mentioned:

  • Shopify’s Acceptable Use Policy and intellectual property protection guidelines
  • TrademarkHQ app (free) for pre-filing preparation, class suggestions, and USPTO-approved descriptions
  • Links to trademark registration guides and real-world examples of name theft consequences

The discussion remains informational, with no specific resolution to the original poster’s unstated question.

Summarized with AI on October 25. AI used: claude-sonnet-4-5-20250929.
1

I have a question about trademarking

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2

Hello!

What is your question?

3

Trademarking is a legal process.

Only talk to a lawyer about any specifics as only they are actually qualified to advise you beyond anything found with a simple google search or written by a forum contributor.

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Hi @LRS4243 .

I’d agree with @PaulNewton here and just to add to their point, getting in touch with your local legal professional is the best course of action as they’d be able to not only provide advice particular to your business, but to your specific region too.

On Shopify’s end however, we support the protection of intellectual property and have policies in place for this. The Acceptable Use Policy prohibits the posting and uploading of content that infringes on the copyright or trademarks of others, which you can learn more about here.

We also have more information on trademark that you can read up on before speaking with your legal counsel, feel free to access them using the links below:

Are you currently in the process of building your store and working towards its launch?

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You don’t need a registration to launch your brand, but filing early protects the name and can save big headaches later (see examples here and here).

High-level process (U.S.):

  1. Clearance search – e.g., USPTO search + Google/marketplaces

  2. Decide what to file – word mark vs. logo, and which class(es) with an accurate goods description.

  3. Pick a filing basis – “Use-in-Commerce” if already in use, or “Intent-to-Use” if you want to reserve the name before launch.

  4. File via USPTO Trademark Center and pay the per-class fee.

  5. Examination → publication → registration – you may need to respond to an Office Action; ITU filers later submit a Statement of Use.

  6. Maintain it – proof of use at years 5–6, then every 10 years.

Before contacting a lawyer, you can do some helpful pre-work with TrademarkHQ (free Shopify app). It suggests likely classes based on what you sell, auto-suggests USPTO-approved goods descriptions, and builds a ready-to-file PDF from your store data - saving billable time and making any attorney review (if you go that route) faster and cheaper. If you’d rather DIY, we also have a step-by-step guide. Happy to walk you through either path. (General info, not legal advice.)

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Trademarking involves searching to ensure your name/logo is unique, filing an application with the trademark office, and waiting for review/approval before it’s legally protected.